The journey of mediation as a non-authoritative process into the court system has come full circle with one utterly different model emerging in contemporary times. As mentioned in the previous chapters, mediation has inspired hybrid judicial roles and settlement promotion and introduced consent as the foundation for many hybrid legal processes. Yet this hybridization has worked both ways, affecting mediation as well. Authority-based mediation is emerging as an advanced judicial process that generates public norms. This new sophisticated model for dealing with polycentric legal problems while preserving soft qualities of the process and keeping a narrow focus on a legal outcome is, in fact, a novel form of private adjudication. We describe this emergent form of mediation and its theoretical underpinnings.

Faced with the trajectory of legal systems today, policymakers can now contend with perhaps the most critical choice of our times. Will they continue down the road to the end of law, or will they renew its role? Will they choose the legal family that is most appropriate for their constituents, or will they let the gravitational pull toward the privatization of disputes decide for them? One might claim that the obfuscated role of law – especially in the pre-filing family – might as well be replaced by AI-based decision-making. Indeed, we show that the pre-filing family may be the most conducive to AI-based dispute resolution. However, one might choose to look at the changes that legal systems have undergone in recent decades as a mark of flexibility within legal systems – and potential for growth. As of today, the underlying motive for change has all too frequently been saving time and money for the legal systems themselves. However, if this underlying motive is moderated and retuned to respond to the needs of the individual litigant, changes of a different nature are possible. We analyze changes that can lead to human-centered design, and the harnessing of AI toward that goal.

This chapter outlines the new landscape of judicial discretion in the settlement era, referring to both critical claims of law and advanced perspectives on conflict resolution. It integrates theoretical claims as to the notion of law and legal formalism together with advanced approaches to conflict resolution. It suggests a new model for judicial discretion and provides a theoretical framework to combine the principles of conflict resolution and law as they pertain to the judicial role. In addition, it shows how judges may exercise their discretion in the courtroom (rather than through a judicial verdict). We then entwine our theories and findings, constructing a training scheme suggested for judges, which integrates conflict resolution perspectives as well as normative and ethical considerations.

This chapter examines Lakhdar Brahimi’s agency as a mediator in Syria, while also clarifying how his strategic perceptions affected his mediation behavior. Adopting a slightly different structure than its predecessor, it consists of two sections. The first assesses the mediator’s agency in determining the main mediation policies and responses from his appointment on August 17, 2012 till his resignation on May 13, 2014. During this period, five policy responses stand out—the Eid al Adha Ceasefire, the May 7 Communiqué, responding to the use of chemical weapons, Geneva II, and the mediator’s resignation. A first-level analysis is applied to clarify the mediator’s input on each. The second section moves to explain the dynamics behind his decision-making. To do so, it focuses on the mediator’s perceptions regarding the four categories outlined in the contingency model—the identity of the mediator, the context of mediation, the parties, and the process of mediation. Such analysis helps shed light on the links between the mediator’s perceptions on these four categories and his decision-making in Syria as well as the formulation of more generalizable principles.

This chapter brings to light the main conclusions of this work, while also presenting generalizable principles for future research to expand on. This part of the book contributes to the theoretical study of mediation and aims to encourage further first-level analysis approaches to the study of mediation and mediators. Most importantly, it clarifies the actual input of Kofi Annan, Lakhdar Brahimi, and Staffan de Mistura to the mediation efforts in Syria. It leaves readers with a detailed record of what Kofi Annan, Lakhdar Brahimi, and Staffan de Mistura have done in their roles as mediators in Syria and presents a comprehensive analysis of the dynamics that shaped their decision-making. Outside the cases of these three mediators, it introduces a method by which to forensically identify a mediator’s fingerprints on the mediation process and charts a map to guide investigations into the decision-making processes of mediators. In doing so, it hopefully serves to encourage steps toward developing institutional mechanisms to evaluate the performance of these mediators – to hold them accountable for their successes and their failures.

The Introduction outlines the main objectives of the book: to pinpoint the agency of UN mediators as decision-makers and explain the strategic-thinking behind their decision-making. To do so, it bridges the literature surrounding levels of analysis in international relations and foreign policy analysis with scholarship focused on mediation. By bridging knowledge from scholars who have focused on first-level analysis, or the role of the individual in shaping policy, this chapter finds that mediators are an opportune case-study for such a method. Ultimately, by exploring the world of the mediator, with the tools developed in foreign policy analysis, the political behavior of these individuals and the phenomena of mediation can be better explained. Given the focus on UN mediators and the Syrian conflict, the chapter ends with an institutional analysis of the margin of maneuver UN mediators have as well as a detailed discussion on why the UN’s mediation process in Syria is linked to its raison d’être.

This chapter presents an analysis on Kofi Annan’s mediation efforts in Syria and focuses on his agency when overseeing the UN’s entry into the Syrian conflict. The chapter is divided in three main sections. The first offers a concise background of the main mediation initiatives pursued during Annan’s time as mediator. Of which there were five main mediation policies and responses – the mediator’s entry into the conflict, the Six-Point Plan, the nationwide ceasefire and deployment of UNSMIS, the Geneva I process, and the mediator’s resignation. Using a first-level analysis, the second section continues to elucidate the agency of the mediator in shaping each of these mediation outcomes. Finally, the third section explores the dynamics behind the mediator’s decision-making. Specifically, it examines how the mediator’s key strategic perceptions influenced his decision-making. Drawing on the contingency model, four categories of perceptions are studied – the identity of the mediator, the context of mediation, the parties, and the process of mediation. Building off this analysis, the chapter proposes general links between each category of perceptions and specific mediation behaviors.

This chapter turns to the third UN mediator in Syria, Staffan de Mistura, and has the same two objectives as the preceding case studies in this book – to delineate the mediator’s agency as a decision-maker and to elucidate the strategic dynamics behind his decision-making. It is split into two sections dedicated to each objective. The first section investigates the mediator’s input to the main mediation policies during the period studied. Of which there are six – the Aleppo Freeze, sanctioning military action against ISIS, the Geneva Consultations, the intra-Syrian Talks, the Astana Process, and the mediator’s resignation. Building on these findings, the section uncovers the dynamics behind the mediator’s decision-making using the categories of perceptions drawn from the contingency model. This analysis also helps produce more generalizable knowledge concerning associations between mediation perceptions and behaviors.

The creation of the International Criminal Court (ICC) is a game changer in the relationship between conflict resolution and the pursuit of accountability for mass atrocities. No longer must wars end before international criminal justice is pursued. But the ICC’s forays into situations of ongoing hostilities have not been kind to perceptions of the Court’s role in contributing to peace or in-conflict accountability. Twenty years after its creation, there are signs that the ICC is increasingly reluctant to target individuals engaged in ongoing wars. This chapter illustrates how perceptions of the ICC have been undermined by its forays into active conflicts and how this has resulted in an apparent reluctance to pursue active belligerents. Reflecting on the future of justice in conflict, it also examines what the Court can do to ameliorate perceptions of its impacts on peace and how to build stronger cases against alleged perpetrators involved in active wars.

The ability to organize is our most valuable social technology. Organizing affects an enterprise’s efficiency, effectiveness, and ability to adapt. Modern organizations operate in increasingly complex, dynamic environments, which puts a premium on adaptation. Compared to traditional organizations, modern organizations are flatter and more open to their environment. Their processes are more generative and interactive – actors themselves generate and coordinate solutions rather than follow hierarchically devised plans and directives. Modern organizations search outside their boundaries for resources wherever they may exist. They coproduce products and services with suppliers, customers, and partners. They collaborate, both internally and externally, to learn and become more capable. In this book, leading voices in the field of organization design articulate and exemplify how a combination of agile processes, artificial intelligence, and digital platforms powers adaptive, sustainable, and healthy organizations.

In this chapter, MCP and B&L-E are applied to contemporary politeness phenomena in the Chinese linguaculture. Four areas are selected for analysis: Self-denigration and self-presentation, moral order and morality, conflict resolution, and humorous mockery. These areas – which would seem to be disparate at first sight – are expected to display different politeness principles at work. However, Chen shows that MCP and B&L-E, working together, offer a unified account for all while, at the same time, are capable of revealing differences among them. Humorous mockery, for instance, has been viewed by some as a genre to which politeness does not apply. Chen’s analysis demonstrates that it does, as long as one sees it as a tug-of-war between self-politeness and other-politeness.